Terms & Conditions

Terms and conditions rental Surla Rental BV is part of Surla Group BV. Surla is an accredited member of HISWA. Notwithstanding The payment and cancellation conditions below have been adjusted. When booking you pay 30% of the rental amount. You must pay the remainder within 60 days before the start of the rental period. If the booking date and commencement date are within 6 weeks of each other, you must pay the full rental amount when booking. Every booking is final as soon as the requested (down) payment has been made. If you wish to cancel the booking, the cancellation fee is 15% of the rental amount. Within 3 months before the start of the rental, the cancellation costs amount to 50% of the rental amount. Within 2 months before the start of the rental, the cancellation costs amount to 75% of the rental amount. Within 1 month before the start of the rental, the cancellation costs amount to 90% of the rental amount. Within 1 day before the start of the rental, the cancellation costs amount to 100% of the rental amount. HISWA GENERAL TERMS AND CONDITIONS FOR RENT AND RENTAL VESSELS These are the General Terms and Conditions for Renting and Renting Vessels of the HISWA Association (Dutch Association of Entrepreneurs in the Water Sports Industry Industry). These terms and conditions have been established in consultation with the Consumers' Association and the ANWB in the context of the Coordination Group Self-regulation consultation of the Social and Economic Council. The terms and conditions apply exclusively to members of the HISWA Association. In the event of abuse, the HISWA Association will take action against this. The terms and conditions have been filed with the registry of the Amsterdam District Court on 21 June 2018 under number 66/2018. ARTICLE 1 – DEFINITIONS In these terms and conditions, the following definitions apply: a. Entrepreneur: a natural person or legal entity who enters into an agreement with a consumer for the provision of a vessel against payment of a rental price. This entrepreneur is a member of the HISWA Association. b. Consumer: a natural person who enters into an agreement with an entrepreneur for the use of a vessel against payment of a rental price. This consumer does not conclude the contract in the name of his profession or company, but in a personal capacity. c. Parties: the entrepreneur and the consumer, as described under a and b. d. Vessel: An object made to reside and move on water, including the equipment and inventory associated with it. These terms and conditions explicitly concern a vessel that is intended for sports or leisure activities. e. Open sailing and motor boat: vessel without a cabin. f. Rental agreement: an agreement by which the entrepreneur undertakes to allow the use of a vessel without crew to the consumer for payment. g. Electronic: by e-mail or website. h. Inventory list: list of objects belonging to the vessel. i. Condition list: list on which the parties record the state of the vessel and any damage before sailing. j. Disputes Committee: the Water Recreation Disputes Committee in The Hague. All amounts stated in these terms and conditions include VAT. ARTICLE 2 – APPLICABILITY OF THESE TERMS These general terms and conditions apply to every offer and every agreement that the entrepreneur and consumer conclude for the rental of vessels. ARTICLE 3 - OFFER/QUOTATION 1. The entrepreneur makes his offer or quotation orally, in writing or electronically. 2. An oral offer lapses if it is not accepted immediately, unless the entrepreneur has immediately given a term to accept the offer. 3. A written offer or an electronic offer must be dated. If a period of validity is stated in the offer, the entrepreneur may not change or withdraw his offer within that period. If no term is specified, the entrepreneur may accept his offer not change or withdraw up to and including 14 days after the date. 4. The offer contains a complete and accurate description of the vessel to be hired out and in any case states: - the rental period and port of departure/arrival; - the rent with any additional costs and payment method; - the amount of the excess of the insurance; - the amount and method of security; - the cancellation policy. 5. With each offer, the entrepreneur provides a copy of these general terms and conditions. ARTICLE 4 - AGREEMENT 1. There is an agreement as soon as the consumer accepts the offer from the entrepreneur. If he accepts this offer electronically, the entrepreneur will send an electronic confirmation to the consumer. 2. Each agreement is preferably recorded in writing or electronically. 3. In the case of a written agreement, the entrepreneur must always provide a copy to the consumer. ARTICLE 5 - PRICE AND PRICE CHANGES 1. The entrepreneur and the consumer agree in advance: - what rental price and any additional costs the consumer must pay; and - whether the entrepreneur may change the price in the interim and if so, under what conditions. 2. The entrepreneur can always pass on changes in taxes, excise duties and other similar government levies to the consumer. ARTICLE 6 – PAYMENT TERMS 1. The consumer must pay the rental sum within 14 days of receipt of the invoice, but in any case on the commencement date of the agreed rental period. He can pay the rent at the entrepreneur's office or by transferring the money to a bank account determined by the entrepreneur. 2. If the consumer does not pay on time, he is in default without the entrepreneur having to give him notice of default. Nevertheless, after the expiry of the payment date, the entrepreneur will send one more free payment reminder to the consumer. In it he points out to the consumer his omission and gives him the opportunity to pay the bill within 14 days. In the payment reminder, the entrepreneur also mentions the extrajudicial collection costs that the consumer owes in the event of late payment. 3. If the 14-day period referred to in paragraph 2 has expired and the consumer has not yet paid, the entrepreneur is authorized to demand payment of the amount due, without having to give the consumer further notice of default. The extrajudicial collection costs associated with this are connected, he may reasonably charge the consumer. The maximum amounts that are set out in the Extrajudicial Collection Costs Reimbursement Decree apply to this. Subject to legal changes, these maximum amounts are set at: - 15% on the first € 2,500, with a minimum of € 40; - 10% on the next € 2,500; - 5% on the next € 5,000; - 1% on the next €190,000; - 0.5% on the excess, with a maximum of € 6,775. ARTICLE 7 – CANCELLATION 1. If the consumer wishes to cancel the rental agreement, he must notify the entrepreneur of this in writing or electronically as soon as possible. If the consumer cancels, the entrepreneur can claim a fixed (fixed) compensation of: - 15% of the agreed rent in case of cancellation up to 3 months before the start of the rental period; - 50% of the agreed rent in case of cancellation up to 2 months before the start of the rental period; - 75% of the agreed rent in case of cancellation up to 1 month before the start of the rental period; - 100% of the agreed rent in case of cancellation within 1 month before the start of the rental period or on the commencement date of the rental period. A minimum of € 65 applies to all compensation amounts mentioned. 2. If the consumer cancels a rental agreement with a rental fee of € 250 or less, other compensation amounts than those referred to in paragraph 1 apply. In these cases, the entrepreneur can claim a fixed (fixed) compensation of: - 10% of the agreed rent in case of cancellation up to 1 week before the start of the rental period; - 50% of the agreed rent in case of cancellation up to 2 days before the start of the rental period; - 100% of the agreed rent in case of cancellation within 2 days before the start of the rental period. 3. The entrepreneur can cancel a rental agreement for an open sailing and/or motor boat if the rental period is a maximum of 2 days. He must inform the consumer of this in writing in good time. If he does not do so in time, the consumer can claim 25% of the rent due. 4. If the consumer cancels a rental agreement, he can ask the entrepreneur whether another person may take over the agreement through a substitution'. If the entrepreneur agrees to this, the consumer will owe amendment costs. These change costs amount to 10% of the agreed rent with a minimum of € 45.50 and a maximum of € 113.50. ARTICLE 8 - OBLIGATIONS OF THE ENTREPRENEUR 1. At the start of the rental period, the entrepreneur makes the vessel available to the consumer. The entrepreneur ensures that the vessel is in good condition, that it can serve the purpose for which it is intended and that it is equipped with proper safety equipment that is geared to the agreed sailing area. 2. The entrepreneur is obliged to adequately insure the vessel against legal liability, hull damage and theft for the benefit of the consumer. This insurance only applies to the use of the vessel in the sailing area that the entrepreneur and the consumer are agreed. The insurance is subject to a reasonable deductible that is in line with the value of the ship. 3. Before sailing, the parties record the condition of the vessel in a condition list that is signed by both parties. The entrepreneur gives a copy of the signed condition list to the cons ument. 4. The entrepreneur will provide the consumer with an inventory list before departure. 5. At the end of the rental period, the entrepreneur will receive the vessel at the agreed place and time, unless he has agreed otherwise with the consumer. 6. The entrepreneur ensures that the necessary (emergency) telephone numbers are available in the vessel. ARTICLE 9 - OBLIGATIONS OF THE CONSUMER 1. The consumer must have sufficient sailing skills. If the consumer does not have a relevant CWO diploma (Water Sports Training Committee) or an equivalent diploma (at the discretion of the entrepreneur), he must in any case be 18 years or older. This age limit of 18 years does not apply to open sailing and/or motor boats. 2. The consumer must ensure that the crew required for the trip refrains from excessive use of alcohol and/or drugs during the trip. 3. The consumer must comply with the instructions of the entrepreneur to preserve the vessel and to preserve the rights of the entrepreneur. This also includes a prohibition to set sail or return to the marina, and an order to go directly to a location designated by the operator. mooring spot to be determined due to bad weather conditions and/or excessive alcohol and/or drug use. 4. Before sailing, the consumer will receive an inventory list from the entrepreneur. The consumer is obliged to check whether the inventory on this list is present in the vessel. He must also check whether the vessel is equipped with safety equipment that is geared to the relevant sailing area. 5. If the inventory on board does not correspond to the inventory on the inventory list, or if the safety equipment is incomplete or defective, the consumer must report this to the entrepreneur before sailing. This does not detract from the obligation that the entrepreneur has under article 8 paragraph 1. 6. Before sailing, the consumer must sign the condition list for approval. 7. The consumer uses the vessel with due diligence and good skipper and in accordance with the destination. The consumer may not make any changes to the vessel and may not allow another person to use the vessel without written permission from the entrepreneur. 8. At the end of the rental period, the consumer will hand over the vessel to the entrepreneur at the agreed time and place and in the same condition in which he received the vessel. 9. The costs directly related to the use of the vessel are for the account of the consumer. This concerns, for example, port, bridge, quay, lock and mooring fees and fuel costs. 10. If the consumer wants to have repairs carried out, he needs permission from the entrepreneur. The entrepreneur will refund the repair costs to the consumer if he submits specified invoices. 11. The costs of normal maintenance and repair of defects are for the account of the entrepreneur. 12. The consumer must report damage of any kind to the entrepreneur as soon as possible. This also applies to facts and/or circumstances that could reasonably lead to damage. ARTICLE 10 – LIABILITY 1. The consumer is liable for damage and/or loss of the vessel during the period that he has rented the vessel. This only applies to damage and/or loss insofar as not covered by the insurance. The consumer is not liable if he can demonstrate that the damage and/or loss was not caused by him or one of his co-passengers or cannot be attributed to him and/or his colleagues. Damage also includes consequential damage. 2. The consumer is always liable for (consequential) damage he causes if: - he knowingly uses the vessel outside the sailing area that he has agreed with the entrepreneur; and/or - he willfully and knowingly does not comply with the instructions of the proprietor to preserve the vessel and/or to preserve the proprietor's rights. 3. This liability is limited to an amount of € 500 plus the deductible and applies regardless of the vessel's insurance. 4. The entrepreneur is not liable for damage to property or for any physical injury or accident. He is only liable for this if that damage and/or injury/accident is the direct result of a defect in the rented vessel. ARTICLE 11 – NON-COMPLIANCE WITH THE AGREEMENT 1. If the entrepreneur does not fulfill his obligations under the rental agreement, the consumer can terminate the rental agreement without having to go to court. The entrepreneur must then immediately repay all amounts that the consumer has already paid. 2. The consumer can also claim compensation for any damage he has suffered, unless the shortcoming on the part of the entrepreneur cannot be attributed to the entrepreneur. 3. The above does not apply if the entrepreneur offers an alternative solution that is reasonable for both parties. 4. If the consumer transfers the vessel later than at the agreed time and/or not at the agreed place, the proprietor is entitled to a proportional increase in the rent and to compensation for further (consequential) damage. This right lapses when it is overdue transfer of the vessel and/or the other place of transfer cannot be attributed to the consumer. 5. If the consumer does not hand over the vessel in the same condition in which he received it, the proprietor has the right to restore the vessel to the said condition at the consumer's expense. He may also do so if the consumer has not complied with the obligations in article 9 of these conditions. The consumer does not have to pay the repair costs insofar as these are covered by the insurance. This does not apply if there is a situation as referred to in Article 10 paragraph 2. ARTICLE 12 – COMPLAINTS 1. If the consumer has complaints about the performance of the agreement, he must report this to the entrepreneur by letter or electronically. He must do this within a reasonable (appropriate) time after he has discovered or could have discovered the defects. He needs the complaints adequately describe and explain. 2. If the consumer has complaints about an invoice, he should preferably report this to the entrepreneur by letter. He must do this within a reasonable (appropriate) time after he has received the relevant invoice. He must adequately describe and explain the complaints in his letter. 3. If the consumer does not submit his complaint in time, this may result in him losing his rights in this area. If the fact that he did not complain in time cannot reasonably be attributed to the consumer, he retains his rights. 4. If it has become clear that the complaint cannot be resolved in mutual consultation, there is a dispute. ARTICLE 13 – DISPUTE SETTLEMENT 1. If the consumer and the entrepreneur have a dispute, either of them can submit this dispute to the Water Recreation Disputes Committee, Bordewijklaan 46, Postbus 90600, 2509 LP The Hague (www.sgc.nl). The following conditions apply to this: a. The dispute concerns the formation or implementation of an agreement between the entrepreneur and the consumer. b. The agreement concerns services or goods that the entrepreneur will deliver or has delivered to the consumer. c. These general terms and conditions apply to the agreement. 2. The Disputes Committee will only handle a dispute if: a. the consumer has first submitted his complaint to the entrepreneur; b. the entrepreneur and the consumer have not come to a solution together; c. the dispute has been submitted to the Disputes Committee within 12 months after the consumer has submitted his complaint to the entrepreneur; d. the dispute has been submitted to the committee in the form of a letter or in another form determined by the committee. 3. In principle, the Disputes Committee only handles disputes that have a financial interest of a maximum of € 14,000. If a dispute has a financial interest of more than € 14,000, the committee can only handle this if both parties have expressly agreed to do so. to agree. 4. If a consumer submits a dispute to the Disputes Committee, the entrepreneur is obliged to accept this. If the entrepreneur wishes to submit a dispute to the Disputes Committee, he must ask the consumer to indicate within 5 weeks whether he agrees with this. The The entrepreneur must also announce that - if the consumer does not respond within those 5 weeks - he can start legal proceedings. 5. When handling the dispute and making a decision, the Disputes Committee follows the regulations that apply to the committee. Upon request, these regulations will be sent to the consumer and/or the entrepreneur. The decisions of the Disputes Committee take the form of binding advice. A fee is due for handling a dispute. 6. Only the court and the aforementioned Disputes Committee are authorized to take cognizance of disputes between the entrepreneur and the consumer. ARTICLE 14 – COMPLIANCE GUARANTEE 1. HISWA Association guarantees that its members comply with the binding advice of the Disputes Committee. This does not apply if a member decides to submit the advice to the court for review within 2 months after it has been sent. If the advice remains upheld after review by the court and the judgment demonstrating this is irrevocable, the guarantee will commence again. The HISWA Association pays a maximum of € 10,000 per binding advice to the consumer. This also applies if, according to the binding advice, the consumer has more than €10,000 in credit from the entrepreneur has. In that case, the consumer will receive € 10,000 from HIS WA Association and HISWA Association has a best efforts obligation to ensure that the entrepreneur pays the rest. 2. To claim this guarantee, the consumer must request this in writing from the HISWA Association. He must also transfer the claim he has against the entrepreneur to the HISWA Association. If the claim exceeds € 10,000, the consumer in principle only needs to transfer the part of the claim that falls below € 10,000. But if the consumer so wishes, he can also transfer the part of the claim that exceeds € 10,000. The HISWA Association will then demand payment thereof from the entrepreneur in its own name and at its own expense. If the HISWA Association succeeds in this, it will pay the amount to the consumer. 3. The HISWA Association does not provide a compliance guarantee if - before the consumer has met all formal collection requirements for handling the dispute - one of the following situations applies: a. The entrepreneur has been granted suspension of payment. b. The entrepreneur has been declared bankrupt. c. The business activities of the entrepreneur have actually ended. Decisive for this situation is the date on which the business termination is registered in the Trade Register or an earlier date on which the HISWA Association can demonstrate that the business activities have actually ended. The formal intake requirements are understood to mean the actions that the consumer must take to have the dispute handled by the Disputes Committee. This includes paying a complaint fee, submitting a completed and signed questionnaire and a possible deposit. ARTICLE 15 - DEVIATION FROM THE CONDITIONS Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded either in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier. ARTICLE 16 - CHANGES If the HISWA Association changes these general terms and conditions, this is always done in consultation with the ANWB and the Consumers' Association. ARTICLE 17 - CHOICE OF LAW Dutch law applies to all disputes relating to this agreement, unless other national law applies on the basis of mandatory rules.